Chapter 4761: RESPIRATORY CARE

(A)
"Respiratory
care" means rendering or offering to render to individuals, groups,
organizations, or the public any service involving the evaluation of
cardiopulmonary function, the treatment of cardiopulmonary impairment, the
assessment of treatment effectiveness, and the care of patients with
deficiencies and abnormalities associated with the cardiopulmonary system. The
practice of respiratory care includes:

(1)
Obtaining, analyzing, testing, measuring, and monitoring blood and gas samples
in the determination of cardiopulmonary parameters and related physiologic
data, including flows, pressures, and volumes, and the use of equipment
employed for this purpose;

(2)
Administering, monitoring, recording the results of, and instructing in the use
of medical gases, aerosols, and bronchopulmonary hygiene techniques, including
drainage, aspiration, and sampling, and applying, maintaining, and instructing
in the use of artificial airways, ventilators, and other life support equipment
employed in the treatment of cardiopulmonary impairment and provided in
collaboration with other licensed health care professionals responsible for
providing care;

(4)
Administering medications for the testing or treatment of cardiopulmonary
impairment.

(B)
"Respiratory
care professional" means a person who is licensed under this chapter to
practice the full range of respiratory care services as defined in division (A)
of this section.

(C)
"Physician"
means an individual authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery.

(D)
"Registered nurse" means an individual licensed under Chapter 4723. of the
Revised Code to engage in the practice of nursing as a registered
nurse.

(E)
"Hospital"
means a facility that meets the operating standards of section
3727.02 of the Revised
Code.

(F)
"Nursing
facility" has the same meaning as in section
5165.01 of the Revised
Code.

(G)
"Certified
hyperbaric technologist" means a person who administers hyperbaric oxygen
therapy and is certified as a hyperbaric technologist by the national board of
diving and hyperbaric medical technology or its successor
organization.

(H)
"Hyperbaric
oxygen therapy" means the administration of pure oxygen in a pressurized room
or chamber, except that it does not include ventilator management.

(I)
"Advanced practice registered nurse" has the same meaning as in section
4723.01 of the Revised
Code.

(J)
"Physician
assistant" means an individual who holds a valid license
to practice issued under Chapter 4730. of the Revised Code authorizing the
individual to provide services as a physician assistant to patients under the
supervision, control, and direction of one or more physicians.

The governor, with the advice and consent of the senate, shall
appoint the Ohio respiratory care board, consisting of nine residents of this
state. Five members of the board shall be respiratory care professionals who
were engaged in or actively associated with the practice of respiratory care in
this state for at least five years immediately preceding appointment.Two
members shall be home medical equipment services providers with not less than
five years of management experience in home medical equipment services prior to
appointment. One member shall be a physician who has clinical training and
experience in the management of pulmonary disease. One member shall represent
the public. After the term of a member of the board expires or becomes vacant,
the Ohio state medical association may submit to the governor the names of
nominees for the board position to be filled by a physician. The board of
directors of the Ohio society for respiratory care, inc., may recommend to the
governor at least three persons for each board position to be filled by a
respiratory care professional. The American lung association of Ohio may submit
to the governor the names of nominees for the board position to be filled by a
person representing the public. The Ohio association of medical equipment
services may submit to the governor the names of nominees for the two board
positions to be filled by home medical equipment services providers. The
governor shall consider these nominees in making the appointments. Of the two
additional members of the board to be appointed who are respiratory care
professionals who were engaged in or actively associated with the practice of
respiratory care in this state for at least five years immediately preceding
appointment, one shall be appointed for a term ending the fourteenth day of
March immediately following the date that is one year after the effective date
of this amendment and one for a term ending on the fourteenth day of March
immediately following the date that is two years after the effective date of
this amendment. Of the initial two home medical equipment services providers
appointed to the board, one shall be appointed for a term ending the fourteenth
day of March immediately following the date that is one year after the
effective date of this amendment and one for a term ending the fourteenth day
of March immediately following the date that is two years after the effective
date of this amendment. Thereafter, terms of office shall be for three years,
each term ending on the same day of the same month of the year as did the term
which it succeeds. A member shall serve subsequent to the expiration of the
member's term until the member's successor is appointed and qualifies, or until
a period of sixty days has elapsed, whichever occurs first. Each member, before
entering upon the duties of office, shall subscribe to and file with the
secretary of state the oath of office required under Section 7 of Article XV,
Ohio Constitution. Vacancies shall be filled in the manner prescribed for the
regular appointments to the board and shall be limited to the unexpired terms.
Members of the board may be reappointed. Annually, upon the qualification of
the member or members appointed in that year, the Ohio respiratory care board
shall organize and shall select from its members a president and secretary. A
majority of the members of the board shall constitute a quorum to transact and
vote on the business of the board. Each member of the board shall receive an
amount fixed pursuant to division (J) of section
124.15 of the Revised Code for each
day actually employed in the discharge of the member's duties. In addition,
each member shall receive actual and necessary expenses incurred in the
performance of the member's official duties. The board shall employ an
executive director who shall be in the unclassified service of the state. The
executive director shall assist the board in the administration and enforcement
of this chapter and shall employ individuals as the board considers necessary
to provide that assistance.

The Ohio respiratory
care board shall regulate the practice of respiratory care in this state and
the persons to whom the board issues licenses and limited permits under this
chapter and shall license and register home medical equipment services
providers under Chapter 4752. of the Revised Code. Rules adopted under this
chapter that deal with the provision of respiratory care in a hospital, other
than rules regulating the issuance of licenses or limited permits, shall be
consistent with the conditions for participation under medicare, Title XVIII of
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended,
and with the respiratory care accreditation standards of the joint commission
on accreditation of healthcare organizations or the American osteopathic
association.

The board shall:

(A)
Adopt, and may rescind or amend, rules in accordance with Chapter 119. of the
Revised Code to carry out the purposes of this chapter, including rules
prescribing:

(1)
The form and
manner for filing applications for licensure and renewal, limited permits, and
limited permit extensions under sections 4761.05 and 4761.06 of the Revised
Code;

(2)
The form,
scoring, and scheduling of examinations and reexaminations for licensure and
license renewal;

(3)
Standards
for the approval of educational programs required to qualify for licensure and
continuing education programs required for license renewal;

(4)
Continuing education courses and the number of hour requirements necessary for
license renewal, in accordance with section 4761.06 of the Revised
Code;

(5)
Procedures
for the issuance and renewal of licenses and limited permits, including the
duties that may be fulfilled by the board's executive director and other board
employees;

(6)
Procedures
for the denial, suspension, permanent revocation, refusal to renew, and
reinstatement of licenses and limited permits, the conduct of hearings, and the
imposition of fines for engaging in conduct that is grounds for such action and
hearings under section 4761.09 of the Revised Code;

(7)
Standards of ethical conduct for the practice of respiratory care;

(8)
Conditions under which the license renewal fee and continuing education
requirements may be waived at the request of a licensee who is not in active
practice;

(9)
The
respiratory care tasks that may be performed by an individual practicing as a
polysomnographic technologist pursuant to division (B)(3) of section 4761.10 of
the Revised Code;

(10)
Procedures
for registering out-of-state respiratory care providers authorized to practice
in this state under division (A)(4) of section 4761.11 of the Revised
Code;

(11)
Requirements for criminal records checks of applicants under section 4776.03 of
the Revised Code;

(12)
Procedures for accepting and storing copies of
hyperbaric technologist certifications filed with the board pursuant to
division (A)(11) of section 4761.11 of the Revised Code.

(B)
Determine
the sufficiency of an applicant's qualifications for admission to the licensing
examination or a reexamination, and for the issuance or renewal of a license or
limited permit;

(C)
Determine
the respiratory care educational programs that are acceptable for fulfilling
the requirements of division (A) of section 4761.04 of the Revised
Code;

(D)
Schedule,
administer, and score the licensing examination or any reexamination for
license renewal or reinstatement. The board shall administer the licensing
examinations at least twice a year and notify applicants of the time and place
of the examinations.

(E)
Investigate
complaints concerning alleged violations of section 4761.10 of the Revised Code
or grounds for the suspension, permanent revocation, or refusal to issue
licenses or limited permits under section 3123.47 or 4761.09 of the Revised
Code. The board shall employ investigators who shall, under the direction of
the executive director of the board, investigate complaints and make
inspections and other inquiries as, in the judgment of the board, are
appropriate to enforce sections 3123.41 to 3123.50, 4761.09, and 4761.10 of the
Revised Code. Pursuant to an investigation and inspection, the investigators
may review and audit records during normal business hours at the place of
business of a licensee or person who is the subject of a complaint filed with
the board or at any place where the records are kept.

Except when required by
court order, the board and its employees shall not disclose confidential
information obtained during an investigation or identifying information about
any person who files a complaint with the board.

The board may hear
testimony in matters relating to the duties imposed upon it and issue subpoenas
pursuant to an investigation. The president and secretary of the board may
administer oaths.

(F)
Conduct hearings, keep records of its proceedings, and do other things as are
necessary and proper to carry out and enforce the provisions of this
chapter;

(G)
Maintain,
publish, and make available upon request, for a fee not to exceed the actual
cost of printing and mailing:

(1)
The
requirements for the issuance of licenses and limited permits under this
chapter and rules adopted by the board;

(2)
A
current register of every person licensed to practice respiratory care in this
state, to include the addresses of the person's last known place of business
and residence, the effective date and identification number of the license, the
name and location of the institution that granted the person's degree or
certificate of completion of respiratory care educational requirements, and the
date the degree or certificate was issued;

(3)
A
list of the names and locations of the institutions that each year granted
degrees or certificates of completion in respiratory care;

(4)
After the administration of each examination, a list of persons who passed the
examination.

(H)
Submit to the governor and to the general assembly each year a report of all of
its official actions during the preceding year, together with any findings and
recommendations with regard to the improvement of the profession of respiratory
care;

The Ohio respiratory care board may share any information it
receives pursuant to an investigation conducted under division (E) of section
4761.03 of the Revised Code,
including patient records and patient record information, with other licensing
boards and governmental agencies that are investigating alleged professional
misconduct and with law enforcement agencies and other governmental agencies
that are investigating or prosecuting alleged criminal offenses. A board or
agency that receives the information shall comply with the same requirements
regarding confidentiality as those with which the Ohio respiratory care board
must comply, notwithstanding any conflicting provision of the Revised Code or
procedure of the board or agency that applies when the board or agency is
dealing with other information in its possession. The information may be
admitted into evidence in a criminal trial in accordance with the Rules of
Evidence, but the court shall require that appropriate measures are taken to
ensure that confidentiality is maintained with respect to any part of the
information that contains names or other identifying information about persons
whose confidentiality was protected by the Ohio respiratory care board when the
information was in the board's possession. Measures to ensure confidentiality
that may be taken by the court include sealing its records or deleting specific
information from its records.

(A)
Except as
provided in division (B) of this section, no person is eligible for licensure
as a respiratory care professional unless the person has shown, to the
satisfaction of the Ohio respiratory care board, all of the following:

(2)
That the person has
successfully completed the requirements of an educational program approved by
the board that includes instruction in the biological and physical sciences,
pharmacology, respiratory care theory, procedures, and clinical practice, and
cardiopulmonary rehabilitation techniques;

(3)
That the person has passed an examination
administered by the board that tests the applicant's knowledge of the basic and
clinical sciences relating to respiratory care theory and practice,
professional skills and judgment in the utilization of respiratory care
techniques, and such other subjects as the board considers useful in
determining fitness to practice.

(B)
The board may waive the requirements of
division (A) of this section with respect to any applicant who presents proof
of current licensure in another state whose standards for licensure are at
least equal to those in effect in this state on the date of application. The
board may waive the requirements of divisions (A)(2) and (3) of this section
with respect to any applicant who presents proof of having successfully
completed any examination recognized by the board as meeting the requirements
of division (A)(3) of this section.

(A)
The Ohio
respiratory care board shall issue a license to any applicant who complies with
the requirements of section
4761.04 of the Revised Code, files
the prescribed application form, and pays the fee or fees required under
section 4761.07 of the Revised Code. The
license entitles the holder to practice respiratory care. The licensee shall
display the license in a conspicuous place at the licensee's principal place of
business.

(1)
The board shall issue a limited permit to
any applicant who meets the requirements of division (A)(1) of section
4761.04 of the Revised Code, files
the prescribed application form, pays the fee required under section
4761.07 of the Revised Code, and
meets either of the following requirements:

(a)
Is enrolled in and is in good standing in
a respiratory care educational program approved by the board that meets the
requirements of division (A)(2) of section
4761.04 of the Revised Code
leading to a degree or certificate of completion or is a graduate of the
program;

(b)
Is employed as a
provider of respiratory care in this state and was employed as a provider of
respiratory care in this state prior to March 14, 1989.

(2)
The limited permit authorizes the holder
to provide respiratory care under the supervision of a respiratory care
professional. A person issued a limited permit under division (B)(1)(a) of this
section may practice respiratory care under the limited permit for not more
than the earliest of the following:

(b)
One year following the date of receipt of
a certificate of completion from a board-approved respiratory care education
program;

(c)
Until the holder
discontinues participation in the educational program. The board may extend the
term of a limited permit in cases of unusual hardship. The holder seeking an
extension shall petition the board in the form and manner prescribed by the
board in rules adopted under section
4761.03 of the Revised Code. This
division does not require a student enrolled in an educational program leading
to a degree or certificate of completion in respiratory care approved by the
board to obtain a limited permit to perform any duties that are part of the
required course of study.

(3)
A person issued a limited permit under
division (B)(1)(b) of this section may practice under a limited permit for not
more than three years, except that this restriction does not apply to a permit
holder who, on March 14, 1989, has been employed as a provider of respiratory
care for an average of not less than twenty-five hours per week for a period of
not less than five years by a hospital.

(C)
All holders of licenses and limited
permits issued under this section shall display, in a conspicuous place on
their persons, information that identifies the type of authorization under
which they practice.

(A)
As used in this section, "license" and
"applicant for an initial license" have the same meanings as in section
4776.01 of the Revised Code,
except that "license" as used in both of those terms refers to the types of
authorizations otherwise issued or conferred under this chapter.

(B)
In addition to any other eligibility
requirement set forth in this chapter, each applicant for an initial license
shall comply with sections
4776.01 to
4776.04 of the Revised Code. The
Ohio respiratory care board shall not grant a license to an applicant for an
initial license unless the applicant complies with sections
4776.01 to
4776.04 of the Revised Code and
the board, in its discretion, decides that the results of the criminal records
check do not make the applicant ineligible for a license issued pursuant to
section 4761.05 of the Revised Code.

(A)
Each license to practice respiratory care
shall be renewed biennially. Each limited permit to practice respiratory care
shall be renewed annually. Each person holding a license or limited permit to
practice respiratory care shall apply to the Ohio respiratory care board on the
form and according to the schedule prescribed by the board for renewal of the
license or limited permit. Licenses and limited permits shall be renewed in
accordance with the standard renewal procedure of Chapter 4745. of the Revised
Code. The board shall renew a license upon the payment of the license renewal
fee prescribed under section
4761.07 of the Revised Code and
proof of satisfactory completion of the continuing education or reexamination
requirements of division (B) of this section. The board shall renew a limited
permit upon payment of the limited permit renewal fee prescribed under section
4761.07 of the Revised Code and
submission of one of the following:

(1)
If
the limited permit was issued on the basis of division (B)(1)(a) of section
4761.05 of the Revised Code, proof
acceptable to the board of enrollment and good standing in an educational
program that meets the requirements of division (A)(2) of section
4761.04 of the Revised Code or of
graduation from such a program;

(2)
If the limited permit was issued on the
basis of division (B)(1)(b) of section
4761.05 of the Revised Code, proof
acceptable to the board of employment as a provider of respiratory care.

(B)
On and after March
14, 1991, and every year thereafter, on or before the annual renewal date, the
holder of a limited permit issued under division (B)(1)(b) of section
4761.05 of the Revised Code shall
submit proof to the board that the holder has satisfactorily completed the
number of hours of continuing education required by the board, which shall not
be less than three nor more than ten hours of continuing education acceptable
to the board. On or before the biennial renewal date, a license holder shall
submit proof to the board that the license holder has satisfactorily completed
the number of hours of continuing education required by the board, which shall
be not less than six nor more than twenty hours of continuing education
acceptable to the board, or has passed a reexamination in accordance with the
board's renewal requirements. The board may waive all or part of the continuing
education requirement for a license holder who has held the license for less
than two years.

(A)
The
Ohio respiratory care board shall charge any license applicant or holder who is
to take an examination required under division (A)(3) of section 4761.04 or a
reexamination required under division (B) of section 4761.06 of the Revised
Code for license renewal or under section 4761.09 of the Revised Code for
license reinstatement, a nonrefundable examination fee, not to exceed the
amount necessary to cover the expense of administering the examination. The
license applicant or holder shall pay the fee at the time of application for
licensure or renewal.

(B)
The board
shall establish the following additional nonrefundable fees and penalty:

(5)
A
late renewal penalty, not to exceed fifty per cent of the renewal fee;

(6)
A fee for accepting and storing hyperbaric
technologist certifications filed with the board under division (A)(11) of
section 4761.11 of the Revised Code, not to exceed twenty
dollars.

(C)
Notwithstanding division (B)(4) of this section, after the third renewal of a
limited permit that meets the exception in division (B)(3) of section 4761.05
of the Revised Code, the limited permit renewal fee shall be one-half the
amount of the biennial license renewal fee established under division (B)(2) of
this section and section 4761.08 of the Revised Code.

(D)
The
board shall adjust the fees biennially and within the limits established by
division (B) of this section to provide sufficient revenues to meet its
expenses.

(E)
The board
may, by rule, provide for the waiver of all or part of a license fee when the
license is issued less than eighteen months before its expiration
date.

(F)
All fees
received by the board shall be deposited into the state treasury to the credit
of the occupational licensing and regulatory fund.

The Ohio respiratory care board, subject to the approval of the
controlling board, may establish fees, except fees established at amounts
adequate to cover designated expenses, in excess of the amounts provided in
this chapter. The fees shall not exceed the amounts specified by more than
fifty per cent.

(A)
The Ohio
respiratory care board may refuse to issue or renew a license or a limited
permit, may issue a reprimand, may suspend or permanently revoke a license or
limited permit, or may place a license or limited permit holder on probation,
on any of the following grounds:

(1)
A plea
of guilty to, a judicial finding of guilt of, or a judicial finding of
eligibility for intervention in lieu of conviction for an offense involving
moral turpitude or of a felony, in which case a certified copy of the court
record shall be conclusive evidence of the matter;

(2)
Violating any provision of this chapter
or an order or rule of the board;

(3)
Assisting another person in that person's
violation of any provision of this chapter or an order or rule of the board;

(4)
Obtaining a license or limited
permit by means of fraud, false or misleading representation, or concealment of
material facts or making any other material misrepresentation to the board;

(5)
Being guilty of negligence or
gross misconduct in the practice of respiratory care;

(6)
Violating the standards of ethical
conduct adopted by the board, in the practice of respiratory care;

(7)
Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the
public;

(8)
Using any dangerous
drug, as defined in section
4729.01 of the Revised Code, or
alcohol to the extent that the use impairs the ability to practice respiratory
care at an acceptable level of competency;

(10)
Accepting commissions, rebates, or other forms of remuneration for patient
referrals;

(11)
Practicing in an
area of respiratory care for which the person is clearly untrained or
incompetent or practicing in a manner that conflicts with section
4761.17 of the Revised Code;

(12)
Employing, directing, or
supervising a person who is not authorized to practice respiratory care under
this chapter in the performance of respiratory care procedures;

(13)
Misrepresenting educational attainments
or authorized functions for the purpose of obtaining some benefit related to
the practice of respiratory care;

(14)
Assisting suicide as defined in section
3795.01 of the Revised Code.
Before the board may take any action under this section, other than issuance of
a summary suspension order under division (C) of this section, the executive
director of the board shall prepare and file written charges with the board.
Disciplinary actions taken by the board under this section shall be taken
pursuant to an adjudication under Chapter 119. of the Revised Code, except that
in lieu of an adjudication, the board may enter into a consent agreement to
resolve an allegation of a violation of this chapter or any rule adopted under
it. A consent agreement, when ratified by the board, shall constitute the
findings and order of the board with respect to the matter addressed in the
agreement. If the board refuses to ratify a consent agreement, the admissions
and findings contained in the consent agreement shall be of no effect.

(B)
If the board orders
a license or limited permit holder placed on probation, the order shall be
accompanied by a written statement of the conditions under which the person may
be restored to practice. The person may reapply to the board for original
issuance of a license after one year following the date the license was denied.
A person may apply to the board for the reinstatement of a license or limited
permit after one year following the date of suspension or refusal to renew. The
board may accept or refuse the application for reinstatement and may require
that the applicant pass a reexamination as a condition of eligibility for
reinstatement.

(C)
If the
president and secretary of the board determine that there is clear and
convincing evidence that a license or limited permit holder has committed an
act that is grounds for board action under division (A) of this section and
that continued practice by the license or permit holder presents a danger of
immediate and serious harm to the public, the president and secretary may
recommend that the board suspend the license or limited permit without a prior
hearing. The president and secretary shall submit in writing to the board the
allegations causing them to recommend the suspension. On review of the
allegations, the board, by a vote of not less than seven of its members, may
suspend a license or limited permit without a prior hearing. The board may
review the allegations and vote on the suspension by a telephone conference
call. If the board votes to suspend a license or limited permit under this
division, the board shall issue a written order of summary suspension to the
license or limited permit holder in accordance with section
119.07 of the Revised Code. If the
license or limited permit holder requests a hearing by the board, the board
shall conduct the hearing in accordance with Chapter 119. of the Revised Code.
Notwithstanding section
119.12 of the Revised Code, a court
of common pleas shall not grant a suspension of the board's order of summary
suspension pending determination of an appeal filed under that section. Any
order of summary suspension issued under this division shall remain in effect
until a final adjudication order issued by the board pursuant to division (A)
of this section becomes effective. The board shall issue its final adjudication
order regarding an order of summary suspension issued under this division not
later than sixty days after completion of its hearing. Failure to issue the
order within sixty days shall result in immediate dissolution of the suspension
order, but shall not invalidate any subsequent, final adjudication order.

(A)
No
person shall offer or render respiratory care services, or represent that the
person is a respiratory care professional, respiratory therapist, respiratory
technologist, respiratory care technician, respiratory practitioner, inhalation
therapist, inhalation technologist, or inhalation therapy technician, or to
have any similar title or to provide these services under a similar
description, unless the person holds a license or limited permit issued under
this chapter. No partnership, association, or corporation shall advertise or
otherwise offer to provide or convey the impression that it is providing
respiratory care unless an individual holding a license or limited permit
issued under this chapter is employed by or under contract with the
partnership, association, or corporation and will be performing the respiratory
care services to which reference is made.

(B)
Notwithstanding the provisions of
division (A) of this section, all of the following apply:

(1)
In the case of a hospital or nursing
facility, some limited aspects of respiratory care services such as measuring
blood pressure and taking blood samples may be performed by persons
demonstrating current competence in such procedures, as long as the person acts
under the direction of a physician or the delegation of a registered nurse and
the person does not represent that the person is engaged in the practice of
respiratory care. The above limited aspects of respiratory care do not include
any of the following: the administration of aerosol medication, the maintenance
of patients on mechanical ventilators, aspiration, and the application and
maintenance of artificial airways.

(2)
In the case of a facility, institution,
or other setting that exists for a purpose substantially other than the
provision of health care, if nursing tasks are delegated by a registered nurse
as provided in Chapter 4723. of the Revised Code and the rules adopted under
it, respiratory care tasks may be performed under that delegation by persons
demonstrating current competence in performing the tasks, as long as the person
does not represent that the person is engaged in the practice of respiratory
care.

(3)
A polysomnographic
technologist credentialed by an organization the Ohio respiratory care board
recognizes, a trainee under the direct supervision of a polysomnographic
technologist credentialed by an organization the board recognizes, or a person
the board recognizes as being eligible to be credentialed as a polysomnographic
technologist may perform the respiratory care tasks specified in rules adopted
under section
4761.03 of the Revised Code, as
long as both of the following apply:

(a)
The
tasks are performed in the diagnosis and therapeutic intervention of
sleep-related breathing disorders and under the general supervision of a
physician.

(b)
The person
performing the tasks does not represent that the person is engaged in the
practice of respiratory care.

(C)
If the Ohio respiratory care board finds
that any person, including any partnership, association, or corporation, has
engaged or is engaging in any activity or conduct that is prohibited under
division (A) of this section or rules of the board, or that is grounds for the
denial, suspension, or permanent revocation of a person's license under section
4761.09 of the Revised Code, it
may apply to the court of common pleas in the county in which the violation
occurred for an order restraining the unlawful activity or conduct, including
the continued practice of respiratory care. Upon a showing that the law or rule
has been violated, or the person has engaged in conduct constituting such
grounds, the court may issue an injunction or other appropriate restraining
order.

(A)
Nothing in this chapter shall be construed to prevent or restrict the practice,
services, or activities of any person who:

(1)
Is
a health care professional licensed by this state providing respiratory care
services included in the scope of practice established by the license held, as
long as the person does not represent that the person is engaged in the
practice of respiratory care;

(2)
Is
employed as a respiratory care professional by an agency of the United States
government and provides respiratory care solely under the direction or control
of the employing agency;

(3)
Is
a student enrolled in a board-approved respiratory care education program
leading to a certificate of completion in respiratory care and is performing
duties that are part of a supervised course of study;

(4)
Is
a nonresident of this state practicing or offering to practice respiratory
care, if the respiratory care services are offered for not more than thirty
days in a year, services are provided under the supervision of a respiratory
care professional licensed under this chapter, and the nonresident registers
with the board in accordance with rules adopted by the board under section
4761.03 of the Revised Code and meets either of the following requirements:

(a)
Qualifies for licensure under this chapter, except for passage of the
examination required under division (A)(3) of section 4761.04 of the Revised
Code;

(b)
Holds a
valid license issued by a state that has licensure requirements considered by
the board to be comparable to those of this state and has not been issued a
license in another state that has been revoked or is currently under suspension
or on probation.

(5)
Provides respiratory care only to relatives or in medical
emergencies;

(8)
Is
employed in the office of a physician and renders medical assistance under the
physician's direct supervision without representing that the person is engaged
in the practice of respiratory care;

(9)
Is
employed in a clinical chemistry or arterial blood gas laboratory and is
supervised by a physician without representing that the person is engaged in
the practice of respiratory care;

(10)
Is
engaged in the practice of respiratory care as an employee of a person or
governmental entity located in another state and provides respiratory care
services for less than seventy-two hours to patients being transported into,
out of, or through this state;

(11)
Is employed as a certified hyperbaric technologist,
has filed with the board a copy of the person's current certification as a
hyperbaric technologist in accordance with the rules adopted by the board under
section 4761.03 of the Revised Code, has paid the fee established pursuant to
section 4761.07 of the Revised Code, and administers hyperbaric oxygen therapy
under the direct supervision of a physician, a physician assistant, or an
advanced practice registered nurse and without representing that the person is
engaged in the practice of respiratory care.

(B)
Nothing in this chapter shall be construed to prevent any person from
advertising, describing, or offering to provide respiratory care or billing for
respiratory care when the respiratory care services are provided by a health
care professional licensed by this state practicing within the scope of
practice established by the license held. Nothing in this chapter shall be
construed to prevent a hospital or nursing facility from advertising,
describing, or offering to provide respiratory care, or billing for respiratory
care rendered by a person licensed under this chapter or persons who may
provide limited aspects of respiratory care or respiratory care tasks pursuant
to division (B) of section 4761.10 of the Revised Code.

(C)
Notwithstanding division (A) of section 4761.10 of the Revised Code, in a
life-threatening situation, in the absence of licensed personnel, unlicensed
persons shall not be prohibited from taking life-saving measures.

(D)
Nothing in this chapter shall be construed as authorizing a respiratory care
professional to practice medicine and surgery or osteopathic medicine and
surgery. This division does not prohibit a respiratory care professional from
administering topical or intradermal medications for the purpose of producing
localized decreased sensation as part of a procedure or task that is within the
scope of practice of a respiratory care professional.

On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
respiratory care board shall comply with sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code with
respect to a license or permit issued pursuant to this chapter.

(A)
As used in this section, "prosecutor" has
the same meaning as in section
2935.01 of the Revised Code.

(B)
The prosecutor in any case
against any respiratory care professional or an individual holding a limited
permit issued under this chapter shall promptly notify the Ohio respiratory
care board of any of the following:

(1)
A
plea of guilty to, or a finding of guilt by a jury or court of, a felony, or a
case in which the trial court issues an order of dismissal upon technical or
procedural grounds of a felony charge;

(2)
A plea of guilty to, or a finding of
guilt by a jury or court of, a misdemeanor committed in the course of practice,
or a case in which the trial court issues an order of dismissal upon technical
or procedural grounds of a charge of a misdemeanor, if the alleged act was
committed in the course of practice;

(3)
A plea of guilty to, or a finding of
guilt by a jury or court of, a misdemeanor involving moral turpitude, or a case
in which the trial court issues an order of dismissal upon technical or
procedural grounds of a charge of a misdemeanor involving moral turpitude.

(C)
The report shall
include the name and address of the respiratory care professional or person
holding a limited permit, the nature of the offense for which the action was
taken, and the certified court documents recording the action. The board may
prescribe and provide forms for prosecutors to make reports under this section.
The form may be the same as the form required to be provided under section
2929.42 of the Revised Code.

An employer that disciplines or terminates the employment of a
respiratory care professional or individual holding a limited permit issued
under this chapter because of conduct that would be grounds for disciplinary
action under section
4761.09 of the Revised Code shall
report the action to the Ohio respiratory care board. The report shall state
the name of the respiratory care professional or individual holding the limited
permit and the reason the employer took the action. If an employer fails to
report to the board, the board may seek an order from a court of competent
jurisdiction compelling submission of the report.

In the absence of fraud or bad faith, no person shall be
subject to any civil action or liable for damages as a result of making a
report to the Ohio respiratory care board or testifying in an adjudication
conducted under Chapter 119. of the Revised Code with regard to alleged matters
for which disciplinary action may be taken under section
4761.09 of the Revised Code or the
qualifications, fitness, or character of a person licensed or holding a limited
permit or applying for a license or limited permit under this chapter.

In the absence of fraud or bad faith, the Ohio respiratory care
board, a current or former board member, an agent of the board, a person
formally asked by the board to be the board's representative, or an employee of
the board shall not be held liable in damages to any person as the result of
any act, omission, proceeding, conduct, or decision related to official duties
undertaken or performed pursuant to this chapter. If any of those persons asks
to be defended by the state against any claim or action arising out of any act,
omission, proceeding, conduct, or decision related to the person's official
duties, and the request is made in writing at a reasonable time before trial
and the person requesting defense cooperates in good faith in the defense of
the claim or action, the state shall provide and pay for the person's defense
and shall pay any resulting judgment, compromise, or settlement. At no time
shall the state pay any part of a claim or judgment that is for punitive or
exemplary damages.

(2)
A registered nurse who holds a certificate of
authority issued under Chapter 4723. of the Revised Code to practice as a
certified nurse practitioner or clinical nurse specialist and has entered into
a standard care arrangement with a physician that allows the nurse to prescribe
or order respiratory care services;

(3)
A physician assistant who holds a valid prescriber
number issued by the state medical board, has been granted physician-delegated
prescriptive authority, and has entered into a supervision agreement that
allows the physician assistant to prescribe or order respiratory care
services.

(B)
The
person shall practice only under the supervision of any of the
following:

(1)
When practicing under the prescription or order of a certified nurse
practitioner or clinical nurse specialist or under the supervision of such a
nurse, the person's administration of medication that requires a prescription
is limited to the drugs that the nurse is authorized to prescribe pursuant to
the nurse's certificate to prescribe issued under section
4723.48 of the Revised
Code.

(2)
When practicing under the prescription or order of a
physician assistant or under the supervision of a physician assistant, the
person's administration of medication that requires a prescription is limited
to the drugs that the physician assistant is authorized to prescribe pursuant
to the physician assistant's physician-delegated prescriptive
authority.

Whoever violates division (A) of section
4761.10 of the Revised Code is
guilty of a minor misdemeanor on a first offense. On a second offense, the
person is guilty of a misdemeanor of the fourth degree. On each subsequent
offense, the person is guilty of a misdemeanor of the first degree.